Brian Sarney

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Brian Sarney, a recognised sole practitioner, admitted six allegations involving improper withdrawals and inter-ledger transfers from probate estates (A and B) and a conveyancing client (C), causing a minimum client account shortage of £232,341.59 which he failed to remedy. He also provided misleading estate accounts to beneficiaries and failed to notify a residuary charitable beneficiary of its entitlement. The Tribunal accepted his admission of dishonesty (under the Ivey test) as an express finding across the allegations. With no exceptional circumstances, he was struck off the Roll and ordered to pay costs of £21,205.30 (reduced from £22,635.30 to reflect the shorter hearing).

Duties found breached:

• Handle inadvertently received material
• No conflict between current clients
• No improper benefit, loan or bequest
• No improper use of client money

Aggravating factors:

• Dishonesty found across all allegations
• Misconduct repeated over a four-year period
• Client account shortfall exceeding £200,000 which he failed to remedy
• Deprived a residuary charitable beneficiary of its legacy by failing to notify it at all
• Misuse of client money to prop up the firm and pay its tax liabilities and salaries

Mitigating factors:

• No previous disciplinary history
• Admitted the factual matrix and breaches throughout proceedings
• Ultimately admitted dishonesty and accepted that striking off was appropriate
• Cooperated by providing funds (including house sale proceeds) to the SRA